HomeMy WebLinkAbout20051899.tiff RECORD OF PROCEEDINGS
MINUTES
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
JUNE 29, 2005
TAPE #2005-28
The Board of County Commissioners of Weld County, Colorado, met in regular session in full conformity
with the laws of the State of Colorado at the regular place of meeting in the Weld County Centennial Center,
Greeley, Colorado, June 29, 2005, at the hour of 9:00 a.m.
ROLL CALL: The meeting was called to order by the Chair and on roll call the following members were
present, constituting a quorum of the members thereof:
Commissioner William H. Jerke, Chair
Commissioner M. J. Geile, Pro-Tem
Commissioner David E. Long
Commissioner Robert D. Masden
Commissioner Glenn Vaad
Also present:
County Attorney, Bruce T. Barker
Acting Clerk to the Board, Jenny VanEgdom
Deputy Clerk to the Board, Carol A. Harding
MINUTES: Commissioner Vaad moved to approve the minutes of the Board of County Commissioners
meeting of June 27, 2005, as printed. Commissioner Masden seconded the motion, and it carried
unanimously.
AMENDMENTS TO AGENDA: Mr. Barker requested the last item of business regarding the Petition for
Initiated Ordinance be considered before Item#7 and Item#8.ChairJerke moved the last item of business
as requested.
PUBLIC INPUT: No public input was given.
CONSENT AGENDA: Commissioner Masden moved to approve the consent agenda as printed.
Commissioner Geile seconded the motion, and it carried unanimously.
PROCLAMATIONS:
REDEDICATION OF THE LITTLE SISTER OF LIBERTY STATUE:ChairJerke read the certificate into the
record, and stated the official ceremony will be June 29, 2005 at 4:30 p.m., in front of the Weld County
Courthouse.
COMMISSIONER COORDINATOR REPORTS: There were no Commissioner Coordinator Reports.
2005-1899
BC0016
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WARRANTS: Carol Harding, Deputy Clerk to the Board, presented the following warrants for approval by
the Board:
All Funds $319,859.36
Electronic Transfers -All Funds $2,852,951.24
Commissioner Geile moved to approve the warrants as presented by Ms. Harding. Commissioner Long
seconded the motion, which carried unanimously.
BIDS:
PRESENT LAND ACQUISITION BID-DEPARTMENT OF PUBLIC WORKS: Pat Persichino, Director of
General Services, read the names of the seven vendors who submitted a bid into the record. Responding
to Chair Jerke, Frank Hempen, Jr., Director of Public Works, stated the County needs assistance in
negotiating and acquiring 80 parcels of real estate,and working with a contracted vendor is the alternative
to hiring a full-time employee.
PRESENT APPRAISAL SERVICES BID-DEPARTMENT OF PUBLIC WORKS: Mr. Persichino read the
names of the five vendors who submitted a bid into the record.
APPROVE SAND SEAL BID - DEPARTMENT OF PUBLIC WORKS: Mr. Persichino stated staff
recommends acceptance of the sole bid from Flat Coat Asphalt Specialists, in the amount of$30,972.00.
Responding to Commissioner Masden, Mr. Hempen stated the sand seal work will be done in subdivisions,
and the rotation of work completed in each subdivision is every four to six years. Commissioner Geile
moved to approve said bid. Seconded by Commissioner Masden, the motion carried unanimously.
CONSIDER ON-CALL ENGINEERING BID(QUALIFICATION BASED PROPOSAL)-DEPARTMENT OF
PUBLIC WORKS: Mr. Hempen stated proposals from 29 vendors were received for said bid. He stated
staff has interviewed three of the vendors, and recommends approval of the bids from two vendors:
Felsburg, Holt, and Ullevig; and Short, Elliott, Hendrickson. Commissioner Geile moved to approve said
bid. Seconded by Commissioner Vaad, the motion carried unanimously.
NEW BUSINESS:
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR BASIC MIGRANT AND SEASONAL
GRANT ONE-TIME FUNDING AND AUTHORIZE CHAIR TO SIGN: Walt Speckman, Director of Human
Services,stated this application is in the amount of$190,589.00 and will be used to correct non-compliance
areas including Curriculum and Assessment, Individualization, Child Health and Safety, and Facilities.
Commissioner Long moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Masden, the motion carried unanimously.
CONSIDER APPLICATION FOR FEDERAL ASSISTANCE FOR BASIC HEAD START GRANT ONE-TIME
FUNDING AND AUTHORIZE CHAIR TO SIGN: Mr.Speckman stated this application is very similar to the
previous agreement, is in the amount of$190,589.00, and will be used to correct non-compliance areas
including Curriculum and Assessment, Individualization, Child Health and Safety, and Facilities.
Commissioner Geile moved to approve said application and authorize the Chair to sign. Seconded by
Commissioner Long, the motion carried unanimously.
Minutes, June 29, 2005 2005-1899
Page 2 BC0016
CONSIDER LEASE AGREEMENT FOR HEAD START PROGRAM AND AUTHORIZE CHAIR TO SIGN-
SALVATION ARMY: Mr.Speckman stated this lease agreement between FENWC and the Salvation Army
is to rent building space known as the Salvation Army Child Care Facility. He stated this building replaces
the church where space is currently being rented, as the current church facility is too small. He stated the
term of said lease agreement is from June 30, 2005 through June 29, 2006, in the amount of$1,500.00.
Commissioner Masden moved to approve said lease agreement and authorize the Chair to sign. Seconded
by Commissioner Geile, the motion carried unanimously.
CONSIDER POSSESSION AND USE AGREEMENT CONCERNING PURCHASE OF RIGHT-OF-WAY
FOR CERTAIN IMPROVEMENTS TO WCR 13,AND AUTHORIZE CHAIR TO SIGN-JOHN WOLKEN AND
ERIC WOLKEN: Mr. Hempen stated this agreement is for the first phase of strategic road improvements
on Weld County Road 13. He stated the agreement allows Public Works to begin the work while
Mr. Wolken ensures the cost figures are satisfactory. Responding to Commissioner Vaad, Mr. Hempen
confirmed that during the appraisal process,the appraiser cannot have a conflict of interest by submitting
figures to both parties. Responding to Commissioner Geile, Bruce Barker, County Attorney, stated a title
search on the property has been completed and confirmed. Commissioner Masden moved to approve said
agreement and authorize the Chair to sign. The motion, which was seconded by Commissioner Long,
carried unanimously.
CONSIDER ENTRY UPON VARIOUS LANDS BY WELD COUNTY VEGETATION MANAGEMENT
SPECIALIST: Tina Booton, Department of Public Works,stated the landowners of properties designated
with noxious weeds have received a ten-day legal notice and have failed to comply with the request to
control the weeds. She stated the County will enter the designated properties and control the noxious
weeds at the landowner's expense. She further stated one property owner has controlled the weeds, and
another property owner has made arrangements to do so this weekend. Responding to Chair Jerke, Ms.
Booten stated after a municipality annexes defined property,the said property is no longer in the jurisdiction
of the County, and cannot be enforceably controlled. Ms. Booten further stated staff can educate
municipalities regarding weed control and offer assistance, as has been done with the Town of Milliken.
Responding to Commissioner Long, Ms. Booten stated that staff does work with the railroad companies,
and is trying to contact Union Pacific regarding weed control surrounding the tracks. Commissioner Vaad
moved to approve said entry. The motion, which was seconded by Commissioner Long, carried
unanimously.
CONSIDER APPLICATION FOR TRANSFER OF OWNERSHIP REQUEST FOR 3.2% BEER LICENSE
FROM M AND G VENTURES, LLC, DBA SHELL#7 TO FIRSTHAND MANAGEMENT, LLC, DBA SHELL
#7 AND AUTHORIZE CHAIR TO SIGN: Mr. Barker stated a new company is now managing this facility in
the Longmont area. He stated a temporary license was granted several weeks ago, and the file is now
updated and all required information has been presented. Responding to Commissioner Geile, Mr. Barker
stated that should a violation occur, the County has authority to process violations regardless of the type
of corporate structure. Commissioner Geile moved to approve said application, and authorize the Chair
to sign. Seconded by Commissioner Vaad, the motion carried unanimously.
CONSIDER PETITION SUBMITTED FOR INITIATED ORDINANCE-ENVISION: Steve Moreno,Clerk and
Recorder, stated 9,577 petitions were submitted on June 13, 2005 by Envision, which exceeded the
requirement of 4,455 certified signatures. He further stated Envision was very organized in their petition
process, and closely followed all procedures. Responding to Chair Jerke, Mr. Barker stated the question
listed on the ballot will allow voters to decide whether they approve the Ordinance, which will increase
taxes. Mr. Barker further stated whenever a petition is presented,the Board has the option of approving the
Ordinance or referring the issue to the ballot. He stated because the Ordinance deals with a tax increase,
the voters still have to approve the Ordinance on the ballot,even if prior approval is granted from the Board.
Responding further to Chair Jerke, Mr. Barker stated that whether the Ordinance fails or passes, no further
action will be needed from the Board. Responding to Commissioner Vaad, Mr. Barker stated that collecting
Minutes, June 29, 2005 2005-1899
Page 3 BC0016
a larger mill levy for this purpose in the future will not penalize the County. Mary Lou Walton, Executive
Director of Envision, encouraged the Board to favorably consider the petition, and stated that it has been
a pleasure to work with staff on this Ordinance. Commissioner Vaad moved to approve said petition. The
motion, which was seconded by Commissioner Masden, carried unanimously.
CONSIDER APPLICATION FOR A TEMPORARYASSEMBLY OF MORE THAN 350 PERSONS-RONALD
MCDONALD HOUSE CHARITIES OF DENVER, INC.: ChairJerke called up the following item of business
to be discussed concurrently with this item. Mr. Barker sated the Temporary Assembly Permit is requested
for an event to take place on July 16,2005,from the hours of 11:00 a.m.until 8:00 p.m.,and stated Ronald
McDonald House qualifies for this permit as a Non-Profit Organization. He further stated a Use by Special
Review Permit has previously been denied for this property,but a single Temporary Assembly Permit may
be approved regardless of the property zoning. He stated the applications for a Temporary Assembly
Permit and a Special Event Liquor License are both complete,and stated no incident reports were available
from the Boulder County Sheriffs Office regarding events from previous years.
Danny Casas, Event Manager, stated the event has been held for the past three years, and issues
regarding trash control in previous years have been improved. He stated the event is produced by the La
Ley radio station; however, all proceeds go to the Ronald McDonald House Charities. Responding to
Commissioner Geile,concerning a letter received regarding noise and trash complaints from the previous
year's event, Mr. Casas stated that the event lasted until 6:00 p.m., and the next two hours were spent
collecting trash and cleaning up the site. He also stated the next morning he personally arrived with crews
to finish cleaning, and no trash was left behind. Mr. Casas stated he did not believe the noise to be a
problem since the speakers were set up facing the north, towards empty property, and away from
neighboring houses;however,others may have different opinions. Jesse Rodriguez, Event Site Property
Owner,stated there are 130 acres of property in front of the speakers,and the sound is sent towards Weld
County Road 36, East of Weld County Road 1.
Nancy Frase,representative for surrounding property owners,submitted a record search from the Boulder
County Sheriffs Office, an Incident Report from the Weld County Sheriffs Office, and a map of the
surrounding properties, marked Exhibits A, B, and C, respectively. She stated that seven people were
named in the Weld County report; however,no reportwas formally filed in Boulder County. She stated the
Weld County report stated there had been a shortage of deputies. Howard Langloff,surrounding property
owner, stated sounds from a speaker cannot be directionally controlled. He further stated he had issues
regarding the liquor distribution, and believes the trash issues were mostly a result of the empty alcohol
containers left behind on the property.
Donna Galbraith,surrounding property owner,stated she heard the noise over a half-mile away. She stated
she talked with a representative at the Executive Offices of Ronald McDonald House who was concerned
that the money being donated will be raised by sale of alcoholic beverages;however,monies received are
at the discretion of each local Chapter of the Ronald McDonald House. She stated she does not believe
the rights of one person wanting to have an event should outweigh the rights of an entire neighborhood.
Anton Jost, surrounding property owner, encouraged the Board to deny both applications. He stated he
resides in a quiet neighborhood,and believes it is inappropriate for a loud event to be held near by,and there
are other appropriate places to hold event of this size. Diana Rift, surrounding property owner, stated this
event is promoting a radio station, and should be held at an appropriate location for a commercial event,
such as a fairground facility. Lisa Bohannon,surrounding property owner,stated she requests denial of the
permits. She stated the event brings too much trash and too much noise to the quiet residential
neighborhood. She further stated the event property has four entrances,and she believes the flooding that
occurred on her property late last summer was because the ditches surrounding the property were
damaged by the entrances to the event property. Ms. Bohannon also stated she is concerned about
intoxicated drivers leaving the event. (Changed to Tape #2005-29.)
Minutes, June 29, 2005 2005-1899
Page 4 BC0016
Roger Seat,surrounding property owner,stated he took a decibel reading a couple hundred yards from the
stage of the event, and the reading was at 90 decibels,which is comparative to the noise from a shotgun
fired from a distance of 200 feet. Mr.Seat stated he researched the Weld County Code and discovered the
conditions for a Temporary Assembly Permit state noise should not exceed a level of 55 decibels. He
further stated he contacted the Weld County Sheriffs Office; however, he was told the Noise Ordinance
Violation was non-enforceable by the Sheriffs Department, and he was referred to the Planning
Department. Responding to Chair Jerke, Ms. Frase stated the Sheriffs Department took the names of
complainants to file a report, and obtaining the personal information for each complainant is a normal
procedure.
Responding to Chair Jerke, Mr. Casas stated he does not have knowledge about decibel measuring
devices, and does not understand why Mr. Seat didn't measure the decibel reading at his residence. He
further stated he agrees to turn down the music. Mr. Rodriguez stated that the Weld County Sheriffs Office
visited the site earlier in the day last year,and had no complaints since all the proper permits were in place.
He also stated security guards were hired to monitor the event. Responding to Commissioner Geile, Mr.
Casas stated the beer garden is closely monitored,and staff is instructed not to sell to intoxicated persons.
Further responding to Commissioner Geile, Mr. Casas stated security guards monitor the parking lot to
make sure no intoxicated drivers leave the site.
Responding to Commissioner Geile,Mr.Casas stated the radio station has done several charitable events
with Ronald McDonald House, and the proceeds from the event are donated. He stated $1,600 was
donated the first year, $2,000 the second year, and over $2,600 was donated after last year's event.
Responding to Chair Jerke, Mr. Casas stated three people sell the alcohol at the beer garden, with two
additional helpers. Mr. Rodriguez stated the beer garden area is well supervised by security guards, and
alcohol is contained in the fenced beergarden area. Further responding to Chair Jerke, Mr.Casas stated
the beer garden area could hold approximately 60 people.
Responding to Commissioner Vaad, Mr. Barker stated the noise ordinance for a Temporary Assembly
Permit states the sound not carry unreasonably beyond the boundaries at 55 decibels. Mr. Barker also
stated several Health Department employees have been trained to measure decibel levels. Commissioner
Vaad stated he would like a Condition of Approval added to the agreement,stating the noise may not exceed
55 decibels at the edge of the property. Chair Jerke stated surrounding property owners have been denied
their right to peace of their respective properties for three years. Responding to CommissionerGeile, J.D.
Broderius,Sheriffs Office,stated he had not been aware of any previous complaint records relating to this
event. Further responding to Commissioner Geile, Mr. Broderius stated there is no specific training for
servers with a Special Event Permit, since most events are not reoccurring. He stated if an issue were to
arise, staff would work closely with the applicant to resolve the issue.
Responding to Commissioner Long,Mr. Barker stated Section 12-1-20,detailing the allowable decibel levels
for a Temporary Assembly Permit has been in the Weld County Code since the 1980's. Chair Jerke stated
that,after three years,the neighbors are still complaining about noise and they should not be subject to this
intrusion. Commissioner Geile stated he is in favor of approval if the applicant agrees to train the servers
and obey the noise ordinance. Commissioner Long stated the major issue is the noise,and the past three
years have seen the same outcome. He stated he is hesitant to go forward, because the applicant has not
respected the guidelines in the past. Commissioner Vaad stated he is in support of the permit, if closer
monitoring is provided. He stated Mr. Casas has already agreed to shorten the event to one day, and
daylight hours, ending at 6:00 p.m. He further stated over 2,000 people attending this event shows there
is a need for an event of this type, and he is favor of the application if the Department of Public Health and
Environment monitors the event,at the expense of the applicant. Commissioner Masden stated the Health
Department should monitor the noise level at the borders of the property,and if the noise level is excessive,
he would not be in favor of granting the permit in the future.
Minutes, June 29, 2005 2005-1899
Page 5 BC0016
Responding to Commissioner Vaad, Mr. Barker stated a Condition of Approval can be included that the
applicant shall agree to pay for all costs associated with monitoring by the Department of Public Health and
Environment regarding decibel levels at the boundaries of the property,and at various times during the event
to ensure the decibel levels remain at or below 55 decibels. Commissioner Vaad moved to modify the
resolution to include said Condition of Approval.The motion was seconded by Commissioner Geile. Upon
request for a roll call vote, the motion carried three to two, with Chair Jerke and Commissioner Long
opposed.
Commissioner Vaad moved to approve the amended application for a Temporary Assembly Permit,with
the additional Condition of Approval. The motion was seconded by Commissioner Geile. Chair Jerke stated
he did not believe the surrounding property owners should be subjected to loud events near their property.
Commissioner Long stated he is not in support, since the noise ordinance of 55 decibels has not been
adhered to in the previous years. He further stated the number of neighbors in attendance show the noise
is a major disturbance. Commissioner Masden stated that the noise ordinance has been ignored in
previous years,and he is not in support. On a roll call vote,the motion failed two to three,with Chair Jerke,
Commissioner Long, and Commissioner Masden opposed.
CONSIDER APPLICATION FOR SPECIAL EVENT LIQUOR LICENSE-RONALD MCDONALD HOUSE
CHARITIES OF DENVER, INC.: Responding to Commissioner Geile, Mr. Barker stated the liquor license
is a State application;therefore,action must be taken. Commissioner Vaad moved to deny said application.
The motion was seconded by Commissioner Masden. Upon request for a roll call vote,the motion carried
four to one, with Commissioner Geile abstaining.
RESOLUTIONS AND ORDINANCES: The resolutions were presented and signed as listed on the
consent agenda. No Ordinances were approved.
Let the minutes reflect that the above and foregoing actions were attested to and respectfully submitted by
the Acting Clerk to the Board.
.eing no further business, this meeting was adjourned at 10:50 a.m.
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Minutes, June 29, 2005 2005-1899
Page 6 BC0016
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